Untitled document

Catchment and Land Protection (Amendment) Act

1998

Act No. 39/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Definitions	2
4.	Objectives of Catchment and Land Protection Act	3
5.	New Division 1 substituted and Division 1A inserted in Part 2 of
Catchment and Land Protection Act	3
Division 1—Victorian Catchment Management Council	3

6.	Establishment of Council	3
7.	Constitution and membership of Council	3
8.	Chairperson of Council	4
9.	Functions of Council	4
9A.	Powers of Council	5

Division 1A—Conditions of Membership and Procedure of

Council 5

9B.	Terms of appointment of members	5
9C.	Resignation and removal of members	6
9D.	Vacancies in membership	6
9E.	Committees	6
9F.	Fees and allowances of members	6
9G.	Presiding at Council meetings	6
9H.	Proceedings of Council	7
9I.	Validity of decisions of Council	7
9J.	Report of Council	7

6.	Catchment Management Authorities	8
7.	Abolition of Pest Animal Advisory Committee	8
8.	Immunity of members	8
9.	New sections 97A to 97C inserted in Catchment and Land
Protection Act	8

97A.	Transitional provisions (Council)	8
97B.	Transitional provisions (Regional Catchment and Land
Protection Boards)	10
97C.	Transitional provisions (Pest Animal Advisory
Committee)	11

i

Section Page

10.      Insertion of new sections 99 to 103 in Catchment and Land

Protection Act 11

99.	Establishment of Catchment and Land Protection Boards	11
100.	Appointment of Board members	15
101.	Change in name of Boards	15
102.	References to Boards	16
103.	Validation of actions of Boards	16

11.

Amendment of Catchment and Land Protection Act 17

12.

New Division 6 inserted in Part 6 of Water Act 1989 17

Division 6—Validation of Appointment, etc. of Certain

Authorities 17

114.	Effect of certain Orders made by Minister	17
115.	Validation of actions of certain Authorities	18

13.

Amendment of Water Act 1989 20

14. Consequential amendments to Flora and Fauna Guarantee Act

1988 21

__________________

SCHEDULES	23
SCHEDULE 1—Consequential amendments to the Catchment and

Land Protection Act 1994 23

SCHEDULE 2—New Schedules 6 and 7 inserted in Catchment and

Land Protection Act 1994 26

SCHEDULE 3—New Schedule 3 inserted in Water Act 1989 29

═══════════════

NOTES 33

ii

Victoria

No. 39 of 1998

Catchment and Land Protection (Amendment) Act 1998†

[Assented to 26 May 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a)	to establish the Victorian Catchment Management Council; and
(b)	to abolish the Pest Animal Advisory Committee; and

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 2

(c)

to re-name Regional Catchment and Land Management Authorities; and

(d) to validate the establishment and operation of Regional Catchment and Land Protection Boards under the Catchment and Land Protection Act 1994 and their appointment and operation as Authorities under the Water Act 1989.

2. Commencement

(1) Sections 1, 10 to 13 and this section come into

operation on the day on which this Act receives

the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 31 January 1999, it

comes into operation on that day.

3. Definitions

In section 3 of the Catchment and Land	No. 52/1994. Reprint No. 1
Protection Act 1994—	as at 21 November
(a) insert the following definition—	1996.

' "Authority" means a Catchment

Management Authority established

under Part 2;';

(b) Catchment and Land Protection Council"

in the definition of "Council" for "Victorian Management Council";

(c) the definitions of "Board" and "Pest Animal Advisory Committee" are repealed.

Catchment and Land Protection (Amendment) Act 1998

s. 4 Act No. 39/1998

4. Objectives of Catchment and Land Protection Act

In section 4 of the Catchment and Land
Protection Act 1994, for paragraph (d)
substitute—

"(d) to establish and support the operation of the

Victorian Catchment Management Council
and the Catchment Management
Authorities;".

5.  New Division 1 substituted and Division 1A inserted in Part 2 of Catchment and Land Protection Act

For Division 1 of Part 2 of the Catchment and

Land Protection Act 1994 substitute—

"Division 1—Victorian Catchment

Management Council

6.

Establishment of Council the Victorian Catchment Management Council.

7. Constitution and membership of Council
(1) The Council consists of not more than 10
members who are to be appointed by the

Governor in Council on the recommendation of the Minister.

(2) The following provisions apply to the

membership of the Council—

(a) in recommending persons for appointment, the Minister must have regard to the need for the composition of the Council to reflect the major land and water uses in the State, including rural, urban, private and public uses; and

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 5

(b)	in recommending persons for appointment the Minister must have regard to the need for the Council members to have between them experience and knowledge of land protection, water resource management, primary industry, environment protection and conservation and local government; and
(c)	one member is to be a nominee of the Secretary.
8.

Chairperson of Council appointed by the Governor in Council as the chairperson of the Council.

9. Functions of Council
The functions of the Council are—

(a)	to advise the Minister and, if requested by any other Minister, that other Minister—
(i)

on matters relating to catchment throughout the State; and

(ii)  on the condition of the land and water resources of the State; and

(iii)	on priorities for catchment management throughout the State; and
(iv)	need for research and investigation on matters related to

on priorities to be given on the apply throughout the State;

Catchment and Land Protection (Amendment) Act 1998

s. 5 Act No. 39/1998

(b) persons and bodies involved in the
management of land and water

to encourage the co-operation of this Act;

(c)

to promote community awareness and catchment management;

(d) to advise the Minister and provide information to the Minister on any matter referred to it by the Minister.

9A. Powers of Council

The Council may do anything necessary or convenient to enable it to carry out its functions.

Division 1A—Conditions of Membership and

Procedure of Council

9B. Terms of appointment of members

(1) A member of the Council holds office for the

period, not exceeding 3 years, specified in
the instrument of his or her appointment.

(2) A member of the Council is eligible for re- appointment.

(3) The instrument of appointment of a member

of the Council may specify terms and
conditions of appointment.

(4) The Public Sector Management and

Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 5

9C. Resignation and removal of members
(1) A member of the Council may resign the

office of member by writing signed by the member and addressed to the Governor in Council.

(2) The Governor in Council may at any time remove a member of the Council from office.

9D. Vacancies in membership

If a member of the Council resigns or is removed from office, the Governor in Council, in accordance with this Act, may fill the vacant office.

9E. Committees

For the purposes of this Act, the Council may—

(a) committees that it considers necessary

from its members, appoint any and

(b) determine the procedure of each committee.

9F. Fees and allowances of members

A member of the Council, other than a member who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Governor in Council in respect of that member.

9G. Presiding at Council meetings

(1) The chairperson is to preside at all meetings

of the Council at which the chairperson is
present.

Catchment and Land Protection (Amendment) Act 1998

s. 5 Act No. 39/1998

(2) If the chairperson is absent from a meeting of the Council, the members present at the meeting must elect one of their members to preside at the meeting.

9H. Proceedings of Council

(1) A person presiding at a meeting has a

deliberative vote and, if the voting is equal, a

second or casting vote.

(2) At a meeting of the Council a question must

not be decided unless there are present at least half the total number of persons who are for the time being members of the
Council.

(3) At a meeting of the Council, the decision on a question of the majority of the members of the Council present at the meeting is the

decision of the Council.

(4) Subject to this section, the Council may

regulate its own proceedings.

9I. Validity of decisions of Council

An act or decision of the Council is not invalid merely because of—

(a)	a defect or irregularity in, or in connection with, the appointment of a member; or
(b)	a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint an original member.

9J. Report of Council

(1) The Council must report to the Minister on

the operation of this Act and the carrying out
of its functions on or before 31 October in
each year.

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 6

(2) The fifth annual report of the Victorian

Catchment Management Council, and each annual report at 5 yearly intervals thereafter, must include an assessment of the condition and management of land and water resources in Victoria.

(3) The Minister must cause each report

submitted to him or her under this section to
be laid before each House of Parliament
within 7 sitting days after receiving the

report.".

6. Catchment Management Authorities

(1) In section 11(1) of the Catchment and Land

Protection Act 1994, for "Regional Catchment
and Land Protection Board" substitute

"Catchment Management Authority".

(2) The Catchment and Land Protection Act 1994

is amended as set out in Schedule 1.

7. Abolition of Pest Animal Advisory Committee

In Part 2 of the Catchment and Land Protection

Act 1994, Division 3 is repealed.

8. Immunity of members

In section 19 of the Catchment and Land
Protection Act 1994, for "the Council, a Board or
the Pest Animal Advisory Committee" substitute
"the Council or an Authority".

9. New sections 97A to 97C inserted in Catchment and Land Protection Act

After section 97 of the Catchment and Land

Protection Act 1994 insert—

'97A. Transitional provisions (Council)
Catchment and Land Protection (Amendment) Act 1998

s. 9 Act No. 39/1998

(1) In this section—

"new Council" means the Victorian

Catchment Management Council
established under Division 1 of Part 2
of this Act as in force immediately after
the commencement of section 5 of the
Catchment and Land Protection

(Amendment) Act 1998;

"old Council" means the Victorian

Catchment and Land Protection
Council established under Part 2 of this
Act as in force immediately before the
commencement of section 5 of the
Catchment and Land Protection

(Amendment) Act 1998.

(2) On the commencement of section 5 of the

Catchment and Land Protection

(Amendment) Act 1998—

(a)	the old Council is abolished and its members go out of office as members;
(b)	immediately before that

all rights, property and assets that, Council are, by force of this sub- section, vested in the new Council;

(c)	all debts, liabilities and obligations of the old Council existing immediately before that commencement become, by
force of this sub-section, debts, liabilities and obligations of the new Council;
(d)	the new Council is, by force of this sub- section, substituted as a party to any proceeding pending in any court or tribunal to which the old Council was a

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998	s. 9
party immediately before that commencement;
(e)	the new Council is, by force of this sub- section, substituted as a party to any arrangement or contract entered into by or on behalf of the old Council as a party and in force immediately before that commencement;
(f)	any reference to the old Council in any Act (other than this Act) or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or other document whatever must, so far as it relates to any period on or after that commencement and if not inconsistent with the context or subject-matter, be construed as a reference to the new Council.

(3) The new Council must prepare and submit the final annual report of the old Council in accordance with section 9 of this Act as in

force immediately before the commencement old Council had not done so in the calendar year in which that section commenced.

of section 5 of the Catchment and Land

97B. Transitional provisions (Regional

Catchment and Land Protection Boards)

Despite any amendment made to this Act by same body as a Regional Catchment and Land Protection Board and no act, matter or thing is affected by that amendment.

section 6 of the Catchment and Land
Protection (Amendment) Act 1998, a

Catchment and Land Protection (Amendment) Act 1998

s. 10 Act No. 39/1998

97C. Transitional provisions (Pest Animal

Advisory Committee)

On the commencement of section 7 of the Division 3 of Part 2 of this Act as in force immediately before that commencement is abolished and its members go out of office as members.'.
Catchment and Land Protection
(Amendment) Act 1998 the Pest Animal

10. Insertion of new sections 99 to 103 in Catchment and Land Protection Act

After section 98 of the Catchment and Land
Protection Act 1994 insert—

'99. Establishment of Catchment and Land

Protection Boards

(1) There is deemed to have been made by the Minister on and with effect from 4 January 1995 under section 11(1) of this Act as in

force at that time—

(a) Wimmera Catchment and Land
Protection Region the Wimmera

an instrument establishing for the Protection Board;

(b) Glenelg Catchment and Land

an instrument establishing for the Catchment and Land Protection Board;

(c) an instrument establishing for the Corangamite Catchment and Land Protection Region the Corangamite Regional Catchment and Land

Protection Board;

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 10

(d) an instrument establishing for the North Central Catchment and Land Protection Region the North Central Regional

Catchment and Land Protection Board;

(e) an instrument establishing for the Port Phillip Catchment and Land Protection Region the Port Phillip Regional

Catchment and Land Protection Board;

(f) Goulburn Catchment and Land
Protection Region the Goulburn

an instrument establishing for the Protection Board;

(g) East Catchment and Land Protection

an instrument establishing for the North Catchment and Land Protection Board;

(h) Gippsland Catchment and Land
Protection Region the West Gippsland

an instrument establishing for the West Protection Board;

(i) Gippsland Catchment and Land
Protection Region the East Gippsland

an instrument establishing for the East Protection Board;

(j) Mallee Catchment and Land Protection

an instrument establishing for the and Land Protection Board.

(2) In this section—

"Wimmera Catchment and Land

Protection Region" means the area of

Catchment and Land Protection (Amendment) Act 1998

s. 10	Act No. 39/1998
Victoria determined by Order of the Governor in Council, dated 29 November 1994 and published in the Government Gazette on 1 December 1994, to be the Wimmera Catchment and Land Protection Region;

"Glenelg Catchment and Land Protection

Region" means the area of Victoria
determined by Order of the Governor in
Council, dated 29 November 1994 and
published in the Government Gazette
on 1 December 1994, to be the Glenelg
Catchment and Land Protection
Region;

"Corangamite Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the Corangamite Catchment
and Land Protection Region;

"North Central Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the North Central
Catchment and Land Protection
Region;

"Port Phillip Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998	s. 10
1994, to be the Port Phillip Catchment and Land Protection Region;

"Goulburn Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the Goulburn Catchment

and Land Protection Region;

"North East Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the North East Catchment
and Land Protection Region;

"West Gippsland Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the West Gippsland
Catchment and Land Protection
Region;

"East Gippsland Catchment and Land

Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the East Gippsland
Catchment and Land Protection
Region;

Catchment and Land Protection (Amendment) Act 1998

s. 10 Act No. 39/1998

"Mallee Catchment and Land Protection

Region" means the area of Victoria
determined by Order of the Governor in
Council, dated 29 November 1994 and
published in the Government Gazette
on 1 December 1994, to be the Mallee
Catchment and Land Protection
Region.

100. An instrument purportedly made by the
Minister on 4 January 1995 under section 12
of this Act as in force at that time and
purporting to appoint members of a Regional
Catchment and Land Protection Board for a
period ending on 30 June 1997 is deemed to
have been validly made despite the
instrument not including the word

Appointment of Board members Land Protection" in the name of the Board.

101. Change in name of Boards

(1) An instrument referred to in Column 2 of

Schedule 6 purportedly made by the Minister on the date specified in that Column has and is deemed always—

(a)	to have had effect as if in paragraph (a) of the instrument the word "Regional" appeared before the words "Catchment and Land Protection Board";
(b)

to have operated to change the name of Protection Board from the name specified in Column 1 of Schedule 6 to that specified in Column 3 of Schedule 6.

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 10

(2) Despite the change of name effected by an	instrument specified in Column 2 of the body to which that instrument relates continues, and is deemed to have continued, to be a Board for the purposes of this Act as in force at any time before the commencement of section 6 of the Catchment and Land Protection (Amendment) Act 1998.
102.	References to Boards In—

(a) an Act other than this Act; or

(b)

a subordinate instrument within the Legislation Act 1984; or

(c) any other document whatever—

passed or made on or after 4 January 1995 a reference to a body by the name specified in Column 1 of Schedule 7 is deemed to be, and

always to have been, a reference to a
Regional Catchment and Land Protection
Board by the name specified in Column 2 of

Schedule 7.

103. Anything done or purported to have been
done under this Act, before the
commencement of section 10 of the
Catchment and Land Protection
(Amendment) Act 1998, by a body deemed
to have been established by section 99 of this

Validation of actions of Boards section 10 of that Act been in operation at the time at which the thing was done or purported to have been done, has and is

Catchment and Land Protection (Amendment) Act 1998

s. 11 Act No. 39/1998

deemed always to have had, the same force
and effect as it would have had if that section
had been in operation at the time at which
the thing was done or purported to have been

done.'.

11. Amendment of Catchment and Land Protection Act

The Catchment and Land Protection Act 1994 is amended as set out in Schedule 2.

12. New Division 6 inserted in Part 6 of Water Act 1989

No. 80/1989.	After Division 5 of Part 6 of the Water Act 1989
Reprint No. 3
as at 28 July	insert—
1997. Further
amended by
Nos 104/1997,	"Division 6—Validation of Appointment, etc.
109/1997 and	of Certain Authorities
110/1997.

114. Effect of certain Orders made by Minister

(1) An instrument referred to in column 1 of

Table A in Schedule 3 purportedly made by the Minister on 23 June 1997 has, and is deemed always to have had, the same force and effect as it would have had if—

(a)	the body specified in column 2 of that Table had been an existing Authority within the meaning of section 98(1)(a)
at the time the instrument was purportedly made; and
(b)	1 July 1997, allocated to the body specified in column 2 of that Table the management and control of the

the instrument had, with effect from specified in column 3 of that Table; and

(c)

section 99(3A) had not been enacted purportedly made, not specified that the

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998	s. 12
chairperson of the body specified in column 2 of that Table was to be appointed by the Minister; and

(d) all the requirements of Division 2, that would have been required to be complied with in the case of an Order having the force and effect that the instrument has and is deemed to have always had by force of this section, had been complied with in respect of it.

(2) An instrument referred to in column 1 of

Table B in Schedule 3 purportedly made by the Minister on 23 June 1997 has, and is deemed always to have had, the same force and effect as it would have had if—

(a)	the body specified in column 2 of that Table had been an Authority within the meaning of sections 198(1)(b)(i) and 201(1)(b)(i) at the time the instrument was purportedly made; and
(b)	the waterway management district of that body, with effect from 1 July 1997, were the district specified in column 3 of that Table.

115. Validation of actions of certain Authorities

(1) Anything done or purported to have been

commencement of section 12 of the

done under this Act, before the (Amendment) Act 1998, by a body referred to in column 2 of Table A in Schedule 3 that would have been validly done had section 12 of that Act been in operation at the time at which the thing was done or purported to have been done, has and is deemed always to have had, the same force and effect as it

Catchment and Land Protection (Amendment) Act 1998

s. 12 Act No. 39/1998

would have had if that section had been in
operation at the time at which the thing was
done or purported to have been done.

(2) Without limiting sub-section (1), that sub-

section applies with respect to the
following—

(a)	the setting of a tariff or development tariff;
(b)	the imposition of a fee on a property under a tariff or development tariff or the altering of the amount of such a fee;
(c)	the setting or imposition of a fee, charge or rate of interest;
(d)	the requirement of a payment or contribution from any person;
(e)	the declaration of any land to be a serviced property for the purposes of this Act;
(f)	accommodation, issuing of bonds, notes

the obtaining of financial revenue in accordance with Division 4 of Part 13;

(g) the recovery of any money;

(h) the selling of any property, or the causing of any property to be transferred, under section 278;

(i)  the purchase or compulsory acquisition of any land, entry on any land or dealing with any land;

(j) the carrying out of any works or closing to traffic of any road or part of a road for that purpose;

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 13

(k) authorisation or making of an

the giving of a consent or other under this Act;

(l)	the making of any by-laws, passing of any resolution, giving of any notice or service of any document;
(m)	the delegation of any power, discretion, function, authority or duty;
(n)

the declaration under section 188(1) of land or works;

(o)	the closing under section 193 of access to the whole or any part of a designated waterway or designated land or works;
(p)	the declaration under section 203(1) of a flood level, flood fringe area or building line.

(3) The exercise of a function under this Act by a body referred to in column 2 of Table A in Schedule 3, whether before or after the

commencement of section 12 of the
Catchment and Land Protection
(Amendment) Act 1998, is not invalid only
because it was or is exercised outside the
region for which that body is established
under the Catchment and Land Protection
Act 1994 and within the region for which
another such body is established under the
Catchment and Land Protection Act

1994.".

13. Amendment of Water Act 1989

The Water Act 1989 is amended as set out in
Schedule 3.

Catchment and Land Protection (Amendment) Act 1998

s. 14 Act No. 39/1998

14. Consequential amendments to Flora and Fauna Guarantee Act 1988

(1) In section 3(1) of the Flora and Fauna

Guarantee Act 1988—

(a) insert the following definitions—
' "Catchment Management Authority"

means a Catchment Management
Authority established under Part 2 of
the Catchment and Land Protection
Act 1994;

"Victorian Catchment Management

Council" means the Victorian
Catchment Management Council
established under Part 2 of the
Catchment and Land Protection Act
1994;';

(b) Land Protection Board" and "Victorian

the definitions of "Regional Catchment and repealed.

(2) In section 9 of the Flora and Fauna Guarantee

Act 1988—

(a) and Land Protection Council" substitute

in sub-section (1), for "Victorian Catchment Council"; and

(b) in sub-section (2)—

(i) Protection Council" substitute

for "Victorian Catchment and Land Council"; and

(ii)

for "the Regional Catchment and Land Catchment Management Authority".

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 s. 14

(3) In section 15(3)(a) of the Flora and Fauna

Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute

"Victorian Catchment Management Council".

(4) In section 16(1) of the Flora and Fauna

Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute

"Victorian Catchment Management Council".

(5) In section 19(3)(a) of the Flora and Fauna

Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute

"Victorian Catchment Management Council".

(6) In section 67(m) of the Flora and Fauna

Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute

"Victorian Catchment Management Council".

__________________
Catchment and Land Protection (Amendment) Act 1998

Sch. 1 Act No. 39/1998

SCHEDULES

SCHEDULE 1

Section 6(2)

CONSEQUENTIAL AMENDMENTS TO THE CATCHMENT

AND LAND PROTECTION ACT 1994

1. In section 10(3), for "Board" substitute "Authority".

2.  In section 11—

(a) in sub-section (2), for "a Board" (wherever occurring) substitute "an Authority";

(b) in sub-section (3), for "A Board" substitute "An Authority";
(c) in sub-section (4)—

(i) for "a Board" substitute "an Authority";

(ii)  for "the Board" (wherever occurring) substitute "the Authority".

3.

In section 12— (b) in sub-section (2)—

(i) for "a Board" substitute "an Authority";

(ii)  in paragraph (b), for "the Board" (wherever occurring) substitute "the Authority";

(iii)  in paragraph (c), for "the Board" (wherever occurring) substitute "the Authority";

(c) in sub-section (3), for "a Board" substitute "an Authority".

4. In section 13—
(a) for "A Board" substitute "An Authority";
(b) in paragraph (i), for "a Board" substitute "an Authority".

5. In section 14, for "A Board" substitute "An Authority".

6.  In section 25(1), for "A Board" substitute "An Authority".

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 Sch. 1

7. In section 27—
(a) in sub-section (1), for "A Board" substitute "An Authority";
(b) in sub-section (2), for "Board" substitute "Authority";
(c) in sub-sections (4) and (5), for "Board's" substitute "Authority's".

8. In section 31, for "A Board" substitute "An Authority".

9. In section 39(3), for "Board" substitute "Authority".

10. In section 42(2), for "Board" substitute "Authority".

11. In section 44, for "Board" substitute "Authority".

12. (a) in sub-section (1), paragraph (a) is repealed;
(b) in sub-section (3), for "Board" substitute "Authority";

In section 69— (d) in sub-section (5), for "a Board" substitute "an Authority".

13. In section 77, sub-section (4) is repealed.

14.  In section 95—

(a)	in sub-section (1), for paragraph (f) substitute— "(f) the procedure of the Council or an Authority;";
(b)	in sub-section (2), for paragraph (c) substitute—

"(c) may leave any matter or thing to be determined or approved
by an authorised officer, the Council, an Authority or the
Secretary; and".

15.   In clause 1 of Schedule 1, for the definition of "body" substitute— ' "body" means a Catchment Management Authority.'.

16.	In Schedule 2— (a) in clause 2(1), for "A Board" substitute "An Authority";
(b) in clause 2(3), for "Board" (wherever occurring) substitute "Authority";

(c) in clause 2(4), for "A Board" substitute "An Authority"; (d) in clause 2(5), for "A Board" substitute "An Authority"; (e) in clause 3(1), for "a Board" substitute "an Authority";

Catchment and Land Protection (Amendment) Act 1998

Sch. 1 Act No. 39/1998

(f) in clause 3(2), for "Board" substitute "Authority";

(g) in clause 7, for "Board" substitute "Authority".

__________________
Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998	Sch. 2
SCHEDULE 2

Section 11

NEW SCHEDULES 6 AND 7 INSERTED IN CATCHMENT

AND LAND PROTECTION ACT 1994

After Schedule 5 to the Catchment and Land Protection

Act 1994 insert—

'SCHEDULE 6

Section 101

Column 1	Column 2	Column 3
Name of Regional	Instrument	Changed name
Catchment and Land Protection Board
Wimmera Regional	Instrument signed by	Wimmera Catchment
Catchment and Land	the Minister, dated 23	Management Authority
Protection Board	June 1997 and headed "Wimmera Catchment and Land Protection
Board"
Glenelg Regional	Instrument signed by	Glenelg Hopkins
Catchment and Land	the Minister, dated 23	Catchment
Protection Board	June 1997 and headed	Management Authority
"Glenelg Catchment and Land Protection Board"
Corangamite Regional	Instrument signed by	Corangamite
Catchment and Land	the Minister, dated 23	Catchment
Protection Board	June 1997 and headed	Management Authority
"Corangamite Catchment and Land Protection Board"
North Central Regional	Instrument signed by	North Central
Catchment and Land	the Minister, dated 23	Catchment
Protection Board	June 1997 and headed	Management Authority
"North Central Catchment and Land Protection Board"

Catchment and Land Protection (Amendment) Act 1998

Sch. 2 Act No. 39/1998

Column 1	Column 2	Column 3
Name of Regional	Instrument	Changed name
Catchment and Land Protection Board
North East Regional	Instrument signed by	North East Catchment
Catchment and Land	the Minister, dated 23	Management Authority
Protection Board	June 1997 and headed "North East Catchment and Land Protection
Board"
Goulburn Regional	Instrument signed by	Goulburn Broken
Catchment and Land	the Minister, dated 23	Catchment
Protection Board	June 1997 and headed	Management Authority
"Goulburn Catchment and Land Protection Board"
West Gippsland	Instrument signed by	West Gippsland
Regional Catchment	the Minister, dated 23	Catchment
and Land Protection	June 1997 and headed	Management Authority
Board	"West Gippsland Catchment and Land Protection Board"
East Gippsland	Instrument signed by	East Gippsland
Regional Catchment	the Minister, dated 23	Catchment
and Land Protection	June 1997 and headed	Management Authority
Board	"East Gippsland Catchment and Land Protection Board"
Mallee Regional	Instrument signed by	Mallee Catchment
Catchment and Land	the Minister, dated 23	Management Authority
Protection Board	June 1997 and headed "Mallee Catchment and Land Protection Board"
__________________

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998	Sch. 2
SCHEDULE 7

Section 102

Column 1	Column 2
Body	Regional Catchment and Land Protection Board
Wimmera Catchment and Land	Wimmera Regional Catchment and
Protection Board	Land Protection Board
Glenelg Catchment and Land	Glenelg Regional Catchment and
Protection Board	Land Protection Board
Corangamite Catchment and Land	Corangamite Regional Catchment
Protection Board	and Land Protection Board
North Central Catchment and Land	North Central Regional Catchment
Protection Board	and Land Protection Board
North East Catchment and Land	North East Regional Catchment and
Protection Board	Land Protection Board
Goulburn Catchment and Land	Goulburn Regional Catchment and
Protection Board	Land Protection Board
West Gippsland Catchment and Land	West Gippsland Regional Catchment
Protection Board	and Land Protection Board
East Gippsland Catchment and Land	East Gippsland Regional Catchment
Protection Board	and Land Protection Board
Mallee Catchment and Land	Mallee Regional Catchment and
Protection Board	Land Protection Board

'.

__________________
Catchment and Land Protection (Amendment) Act 1998

Sch. 3 Act No. 39/1998

SCHEDULE 3

NEW SCHEDULE 3 INSERTED IN WATER ACT 1989

Section 13

After Schedule 2 to the Water Act 1989 insert—

"SCHEDULE 3

Section 114

EFFECT OF CERTAIN ORDERS

TABLE A

Column 1	Column 2	Column 3
Body	Waterway Management
Instrument
District
Water (Constitution of	Corangamite	Lough Calvert Drainage
the Corangamite	Catchment
Catchment	Management
Management	Authority
Authority) Order 1997
Water (Constitution of	East Gippsland	East Gippsland River
the East Gippsland	Catchment	Management
Catchment	Management	Snowy River Management
Management	Authority
Authority) Order 1997	Tambo Nicholson River Management
Mitchell River Management
Water (Constitution of	Glenelg Hopkins	Glenelg River
the Glenelg Hopkins	Catchment	Management
Catchment	Management
Management	Authority
Authority) Order 1997

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 Sch. 3

Column 1	Column 2	Column 3
Body	Waterway Management
Instrument
District
Water (Constitution of	Goulburn Broken	Lower Goulburn
the Goulburn Broken	Catchment	Waterway Management
Catchment	Management	Broken River Management
Management	Authority
Authority) Order 1997	Upper Goulburn Waterway Management
Water (Constitution of	North Central	Pental Island River
the North Central	Catchment	Management
Catchment	Management	Bullock Creek
Management	Authority
Authority) Order 1997	Management Avoca River Management
Water (Constitution of	North East	Ovens River Management
the North East	Catchment	Black Dog Creek
Catchment	Management	Management
Management	Authority
Authority) Order 1997	Upper North East River Management
Water (Constitution of	West Gippsland	Tarwin Bass Waterway
the West Gippsland	Catchment	Management
Catchment	Management	Corner Inlet Waterway
Management	Authority
Authority) Order 1997	Management
Lake Wellington River Management

_______________
Catchment and Land Protection (Amendment) Act 1998

Sch. 3 Act No. 39/1998

TABLE B

Column 1	Column 2	Column 3
Instrument	Body	Waterway Management District
Water (Declaration of	Corangamite	Lough Calvert
Application of	Catchment	Drainage
Regional Drainage and	Management
Floodplain	Authority
Management Functions to the Corangamite Catchment Management Authority) Order 1997
Water (Declaration of	East Gippsland	East Gippsland River
Application of	Catchment	Management
Regional Drainage and	Management	Snowy River
Floodplain	Authority
Management	Management
Functions to the East	Tambo Nicholson River
Gippsland Catchment	Management
Management	Mitchell River
Authority) Order 1997	Management
Water (Declaration of	Glenelg Hopkins	Glenelg River
Application of	Catchment	Management
Regional Drainage and	Management
Floodplain	Authority
Management Functions to the Glenelg Hopkins Catchment Management Authority) Order 1997

Catchment and Land Protection (Amendment) Act 1998

Act No. 39/1998 Sch. 3

Column 1	Column 2	Column 3
Instrument	Body	Waterway Management District
Water (Declaration of	Goulburn Broken	Lower Goulburn
Application of	Catchment	Waterway Management
Regional Drainage and	Management	Broken River
Floodplain	Authority
Management	Management
Functions to the	Upper Goulburn
Goulburn Broken	Waterway Management
Catchment Management Authority) Order 1997
Water (Declaration of	North Central	Pental Island River
Application of	Catchment	Management
Regional Drainage and	Management	Bullock Creek
Floodplain	Authority
Management	Management
Functions to the North	Avoca River
Central Catchment	Management
Management Authority) Order 1997
Water (Declaration of	North East Catchment	Ovens River
Application of	Management	Management
Regional Drainage and	Authority
Floodplain	Black Dog Creek
Management	Management
Functions to the North	Upper North East River
East Catchment	Management
Management Authority) Order 1997
Water (Declaration of	West Gippsland	Tarwin Bass Waterway
Application of	Catchment	Management
Regional Drainage and	Management	Corner Inlet Waterway
Floodplain	Authority
Management	Management
Functions to the West	Lake Wellington River
Gippsland Catchment	Management
Management Authority) Order 1997

".

═══════════════
Catchment and Land Protection (Amendment) Act 1998

Notes Act No. 39/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 29 April 1998

Legislative Council: 19 May 1998

The long title for the Bill for this Act was "to amend the Catchment and
Land Protection Act 1994 and the Water Act 1989 and for other
purposes."